TERMINATION OF EMPLOYMENT – misconduct – ss.387, 394 Fair Work Act 2009 – applicant dismissed after physical altercation with co-worker on respondent’s property and within working hours – applicant submitted incident was ‘a scuffle’ rather than a fight, he was not the instigator, it was due in part to ‘culture of the company’ and to poor management – found co-worker instigated altercation but applicant’s response was wholly disproportionate and could not be described as act of self-defence – satisfied respondent had valid reason to dismiss applicant – even if applicant’s allegations of deficiencies in management and workplace culture were true they did not lessen applicant’s responsibility for own misconduct – found dismissal was not harsh, unjust or unreasonable – application dismissed. Appenzeller v James Fisher Australia P/L
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